Nieves v. United States Postal Service, No. 1:2012cv01814 - Document 5 (N.D. Ohio 2012)

Court Description: Memorandum of Opinion and Order. For the reasons set forth herein, this action is dismissed. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Christopher A. Boyko on 9/20/2012. (H,CM)

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Nieves v. United States Postal Service Doc. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO CARMEN NIEVES, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:12 CV 1814 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER On July 16, 2012, this case was removed from the Cleveland Municipal Court, Small Claims Division, pursuant to 28 U.S.C. § 1442(a), by the Defendant United States Postal Service. The action removed was filed by Plaintiff pro se Carmen Nieves, who seeks damages in the amount of $200 for an insured package he alleges was not delivered by Defendant. It is a jurisdictional prerequisite to a federal lawsuit that a claimant who seeks recovery from the United States must first file an administrative claim under the Federal Tort Claims Act (“FTCA”). Rogers v. United States, 675 F.2d 123, 124 (6th Cir. 1982). As there is no allegation Plaintiff presented an administrative claim to the appropriate federal agency, the Complaint is fatally deficient. Altman v. Connally, 456 F.2d 1114, 1116 (2d Cir. 1972). Further, even had Plaintiff exhausted his administrative remedies, “[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter,” 28 U.S.C. § 2680, is barred by the doctrine of sovereign immunity. This is because such claims are specifically excluded under the FTCA. Davric Maine Corp. v. United States Postal Service, 238 F.3d 58, 62 (1st Cir. Dockets.Justia.com 2001). Accordingly, this action is dismissed. Further, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE DATED: September 20, 2012 2

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